Staff Reports
The Biden administration's plans to cancel debt from student loans for tens of millions of Americans have been challenged in court yet again, this time by a small business advocacy organization.
In the lawsuit that was filed on Monday by the Job Creators Network Foundation, the plaintiffs contend that the administration of Vice President Joe Biden violated federal rules by not soliciting opinion from the general public over the initiative. It is one of several lawsuits that have been filed in recent weeks by conservative business organizations, attorneys, and Republican lawmakers as the Biden administration works to move forward with its plan to forgive billions of dollars in debt before the midterm elections in November.
Executive overreach, according to Elaine Parker, president of the Job Creators Network Foundation, who also noted that the program fails to address the outrageous surge in college tuition that outpaces inflation every year.
She stated that due to the massive scale of the operation, this bailout is going to effect everyone in this country. In addition, there should be opportunities for people from all walks of life to share their opinions with the administration. She went on to say that these universities should be held accountable for the current situation of student debt.
Previously, the Job Creators Network filed a lawsuit against the Biden administration in an effort to prevent the administration's COVID vaccine mandate for employers. Additionally, it filed a lawsuit against Major League Baseball in 2001, accusing the organization of relocating the All-Star game out of Atlanta because of opposition to changes in the state's voting laws. The lawsuit, which had claimed that local businesses had suffered losses, was ultimately dismissed.
A growing number of legal challenges are being brought against the idea that was outlined by President Joe Biden in late August to forgive up to $20,000 in debt for select borrowers. The current lawsuit is one example of this trend.
At the end of the previous month, six states with Republican governors and legislative majorities initiated legal action, charging the administration of President Biden with exceeding the bounds of its executive authority. In addition, the Pacific Legal Foundation, a legal advocacy organization based in Sacramento, California, has filed a lawsuit in a federal court in Indiana, claiming that the plan is an unlawful overreach that would increase the amount of state tax burdens for certain Americans who have their debts forgiven.
In the meantime, a local taxpayers group in Wisconsin known as the Brown County Taxpayers Association had a lawsuit filed against the program. However, a federal judge in the state of Wisconsin dismissed the lawsuit last week on the grounds that the group lacked the legal standing to bring the lawsuit. The organization had asserted that President Biden's directive unlawfully circumvented the jurisdiction that Congress has over spending, and they had said that the scheme was discriminatory since it attempted to provide specific assistance to borrowers of color.
The most recent legal action, which was brought before the District Court for the Northern District of Texas against the United States Department of Education and Miguel Cardona, the department's secretary, raises concerns over the manner in which the plan was formulated. It is alleged that the administration of President Joe Biden violated the notice-and-comment processes of the Administrative Procedure Act. Additionally, the legal explanation that the administration has provided for the program is called into question.
One of the plaintiffs in this case didn't receive a Pell grant and, as a result, is entitled to a smaller amount of debt forgiveness under the plan. The other plaintiff in this case did not get a Pell grant and, as a result, is entitled to a larger amount of debt forgiveness under the plan. Both of these plaintiffs have joined this suit.
The Department secretly issued a new Debt Forgiveness Program that would touch tens of millions of Americans and cost hundreds of billions of dollars, the lawsuit claims. With an eye on getting debt forgiveness before the November election, the Department hashed out the crucial aspects of the Program in secrecy.
In addition, the complaint states that the department made various arbitrary judgments concerning the Program, including which people would get debt relief, how much of their debt will be pardoned, and which forms of debt will qualified for the Program.
This arbitrariness will benefit some, shortchange others, and leave others out, it says.
Under the terms of the Biden debt forgiveness scheme, borrowers whose annual income is less than $125,000 or whose household income is less than $250,000 will have their student loan debt reduced by $10,000. Those who are awarded a Pell grant and can demonstrate a greater need for financial assistance will be eligible for an additional $10,000.
The program was given a legal legitimacy by the Biden administration in the form of a law that was passed following the attacks on September 11, 2001. According to a legal opinion issued by the Justice Department in August, the statute provides the administration with sweeping authority to decrease or cancel student debt during times of national disaster. The administration characterized the situation as an emergency, citing the COVID-19 pandemic.
According to projections provided by the Congressional Budget Office, the initiative will cost the public $400 billion over the course of the following three decades.
The preceding is a summary of an article that originally appeared on Headline Wealth.
